OpenLegislation

Regulation 12 Duty of services-providers to allow entry by local involvement networksI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A services-provider must allow an authorised individual to—

(a)

enter and view, and

(b)

observe the carrying-on of activities on,

premises that it owns or controls.

(2)

Paragraph (1) does not apply—

(a)

in respect of any premises, or parts of premises, if the presence of an authorised individual on those premises, or those parts of premises, would compromise—

(i)

the effective provision of care services, or

(ii)

the privacy or dignity of any person;

(b)

if the authorised individual does not comply with regulation 14;

(c)

in respect of excluded premises;

(d)

to observing the carrying-on of excluded activities;

(e)

to entering and viewing premises, or parts of premises, for the purpose of observing excluded activities;

(f)

in respect of any premises, or parts of premises, at any time when care services are not being provided on those premises or parts of premises;

(g)

if, in the opinion of the services-provider, the authorised individual in seeking to enter and view, and observe the carrying-on of activities on, the premises that the services-provider owns or controls is not acting reasonably and proportionately;

(h)

if an authorised individual does not provide the services-provider with evidence that the individual is authorised in accordance with regulation 13.

(3)

Where any premises, or parts of premises, are owned by a services-provider and controlled by another services-provider, then for the purpose of this regulation the services-provider who owns those premises, or parts of premises, is to be treated as not being a services-provider.

Annotations

Commencement

I1

Reg. 12 in force at 1.4.2008, see reg. 1(2)